In advising today’s startups, IP practitioners should consider emerging issues related to artificial intelligence, remote work, open-source software, noncompetes, design patents, and data privacy.
Small to medium-sized enterprises (SMEs) should identify and protect their intellectual property early, leveraging it for investment, licensing, and competitive advantage.
Generative AI tools like GPTs can automate patent drafting, but earlier technologies may be more effective in generating content for patent applications.
Patent practitioners concurrently litigating in district court and before the PTAB should understand the effects that decisions and arguments in one forum can have on the other.
Recent case law suggests that while lost profits indicators may be considered as inputs to reasonable royalty analyses, existing principles of apportionment may still apply.
The Unified Patent Court (UPC) has been operational for over a year, building case law and confidence with its first substantive decisions on revocation and infringement actions.
U.S. companies use Lanham Act section 44, a section meant for the benefit of foreign applicants, to keep new product names hidden from the public before launch.
Whether a commercial arrangement is a franchise or a nonfranchise license is significant because franchises are highly regulated while ordinary trademark licenses are private, consensual agreements.
An artist’s heirs may dispute ownership and control of the artist’s work, but a perpetual, irrevocable license can ensure that the artworks remain available even after the artist’s death.
The chair of the ABA Section of Intellectual Property Law highlights ABA-IPL’s advocacy efforts, collaborative initiatives, educational opportunities, and practice resources.